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Does W-2 Third Party Sick Pay qualify as earned income for ABLE Account additional contributions?

I've been collecting taxable W-2 third party sick pay for about 8 months now, and I know it counts as earned income for my Roth IRA and for the Earned Income Credit. But I'm trying to figure out if it also counts as earned income for making additional contributions to my nephew's ABLE account beyond the standard $18k annual gift tax limit. I found some information in IRS publications that says: "Earned income. If you are retired on disability, benefits you receive under your employer's disability retirement plan are considered earned income until you reach minimum retirement age." It also mentions that certain employed ABLE account beneficiaries can make additional contributions up to either their compensation for the tax year or the poverty line amount ($13,590 in continental US, $15,630 in Hawaii, $16,990 in Alaska). The instructions for 1099-QA and 5498-QA forms say the additional contribution can be up to the lesser of: - The designated beneficiary's compensation (IRC section 219(f)(1)) - The poverty line amount for a one-person household Looking at California's ABLE contribution form, it states you can only make an ABLE to Work contribution if: - The Beneficiary is earning wages - The contribution is less than or equal to the Beneficiary's gross income - The Beneficiary hasn't contributed to a 401K, 403(b), or 457(b) plan this calendar year My nephew isn't currently working but does receive about $22,500 in W-2 third party sick pay annually. Would this qualify him to make additional contributions beyond the $18k limit? Would it be worth paying $12k for a private letter ruling in this situation? It seems expensive but could potentially open up more tax-advantaged investment space, since he's otherwise limited to just $7k in Roth IRA plus the standard $18k ABLE contribution.

Alice Coleman

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I work with special needs financial planning, and I think everyones missing a detail - check whether your nephew has other income sources that might qualify. Even part-time or gig work counts! If he could earn even a small amount from actual employment (like $2-3k annually), that would enable additional ABLE contributions up to that earned amount. Many of my clients do minimal part-time work specifically for this purpose.

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Owen Jenkins

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This is really good advice. My brother does like 5 hours of work per week at a local store and it qualifies for the extra ABLE contribution. Doesn't have to be much!

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Omar Farouk

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This is such a helpful discussion! I'm dealing with a similar situation with my sister's ABLE account. Based on everything shared here, it sounds like the consensus is that W-2 third party sick pay doesn't qualify for the additional ABLE contribution beyond the $18k limit. The key distinction seems to be that while sick pay counts as "earned income" for many tax purposes, the ABLE additional contribution provision specifically targets current employment as a work incentive. The "earning wages" language in state forms appears to reflect this narrower federal intent. @Alice Coleman - that's a great point about exploring minimal employment options! Even small amounts of actual wages could unlock that additional contribution space. For someone receiving $22.5k in sick pay, adding even $5k in actual earned income could provide significant additional tax-advantaged savings opportunities. Has anyone here actually tried making the additional contribution with only sick pay income and had issues, or is this all based on guidance and interpretations? I'm curious if there are any real-world examples of problems arising.

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Haley Bennett

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4 I had a similar sales business with big contractor expenses and ended up getting audited because of this exact issue. Make sure you also have business justification for each contractor - showing WHY you needed their services and how they related to your revenue generation. That was the first thing the IRS asked me about, even before wanting to see proof of payments or 1099s. For what it's worth, the auditor told me that while missing 1099s might trigger a review, what they're really looking for is whether the expenses are legitimate and reasonable for your business type and size. In my case, having detailed contracts with clear work deliverables was what ultimately saved me. For your S-Corp transition, this is even more important because the IRS scrutinizes S-Corps more closely for both unreasonable compensation issues and expense substantiation.

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Dyllan Nantx

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This is a really common issue for small businesses, and I appreciate everyone sharing their experiences here. One thing I'd add that hasn't been mentioned yet is the importance of backup withholding requirements. When contractors refuse to provide W-9s, you're technically supposed to withhold 24% of their payments for backup withholding and send that to the IRS. Most small business owners don't know this rule, and since you've already paid them in full, you can't go back and collect it now. However, documenting that you requested the W-9s multiple times (and their refusal) is crucial. The IRS understands that you can't force someone to provide their tax information, but they expect you to make reasonable efforts. For your S-Corp transition, definitely get a solid contract template that requires W-9 completion before any payments are made. I learned this lesson the hard way after dealing with similar contractor issues. Also, consider requiring new contractors to complete their tax forms as part of your onboarding process rather than waiting until tax season. Your 75% deduction rate will definitely get attention if you're audited, but if you have legitimate business expenses with proper documentation showing the work was actually performed and necessary for revenue generation, you should be fine. Just make sure every expense has a clear business purpose that you can articulate.

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QuantumQuester

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This backup withholding requirement is something I had no idea about! So if I understand correctly, when contractors refuse W-9s, I'm supposed to withhold 24% of their payment and send it to the IRS myself? That seems like it would create a whole new set of problems since most contractors would probably refuse to work for 76% of the agreed rate. How do you handle this practically when you're trying to get work done and the contractor won't provide their tax info?

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Levi Parker

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This is such a common problem! The key issue is that the withholding tables assume you're the only earner in your household when you select "Married." When both spouses work and earn similar amounts, you end up in higher tax brackets than the withholding calculations expect. Here's what you need to do immediately: 1. **Update both W-4 forms** - The new 2020+ W-4 is completely different from the old allowances system. You both need to fill out fresh forms. 2. **Check the "Two Jobs" box** - In Step 2 of the new W-4, there's a checkbox for couples where both spouses work. This automatically adjusts your withholding upward. 3. **Only ONE spouse claims the kids** - Don't both claim your 3 children. The higher earner should claim them in Step 3, the other spouse leaves it blank. 4. **Consider extra withholding** - You can specify an additional dollar amount to be withheld each paycheck in Step 4(c). Based on owing $2,800, you might want each of you to have an extra $50-75 withheld per paycheck. The IRS also has a withholding calculator on their website that can help you figure out the exact amounts. Don't let this drag on another year - update those W-4s now and you should see the difference in your next paychecks!

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Wesley Hallow

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This is incredibly helpful! I had no idea about the "Two Jobs" checkbox - that explains so much. Quick question though: when you say the higher earner should claim the kids, what if we make almost exactly the same amount? Like within $2-3k of each other? Does it matter which one of us claims them then? Also, is there a rule of thumb for calculating that extra withholding amount in Step 4(c)? You mentioned $50-75 per paycheck but I'm not sure how to figure out what's right for our situation specifically.

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Benjamin Carter

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When you earn nearly the same amount, it really doesn't matter which spouse claims the children - the tax benefit will be identical either way. I'd just pick whoever has the slightly higher income or whoever processes payroll changes faster at their company. For the extra withholding calculation, here's a simple method: Take the amount you owed last year ($2,800) and divide by the total number of paychecks you both receive annually. So if you're both paid bi-weekly (26 paychecks each = 52 total), that's $2,800 รท 52 = about $54 per paycheck total. You could split this evenly ($27 each) or have one person withhold the full amount. But honestly, I'd start with just updating to the new W-4s with the "Two Jobs" box checked first. That alone might fix most of your underwithholding issue. You can always add extra withholding later if needed, but the two-jobs adjustment is usually pretty significant. The IRS withholding calculator at irs.gov/W4App can give you the most precise numbers if you want to get really accurate with it.

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Alina Rosenthal

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This is exactly what happened to us! We were in the same boat - both claiming 0 on our old W-4s and still owing every year. The problem is that "married" withholding assumes only one spouse works, so when you both have jobs with similar incomes, you end up in higher tax brackets than expected. Here's what finally fixed it for us: We both filled out brand new W-4 forms and checked the "Two Jobs" box in Step 2. That single checkbox made a huge difference! We also made sure only one of us claimed our kids (I claimed all three since my salary is slightly higher), and the other spouse left Step 3 blank. Since you owed $2,800 this year, you might also want to add some extra withholding in Step 4(c) just to be safe. We added $40 per paycheck each after our first year with the new forms, and now we get a small refund instead of owing. Don't wait - update those W-4s right away! Your HR departments should have the current forms, and you'll see the increased withholding in your next paychecks.

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Thank you so much for sharing your experience! This gives me hope that we can actually fix this mess. I'm definitely going to talk to HR tomorrow about getting new W-4 forms for both of us. One quick question - when you added that extra $40 per paycheck in Step 4(c), did you notice a big difference in your take-home pay? I'm trying to figure out if we can afford to have that much extra withheld, especially since we're already dealing with this unexpected $2,800 tax bill eating into our budget. Also, did you use the IRS withholding calculator that others mentioned, or did you just estimate the $40 amount? I want to make sure we get this right this time!

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CosmicCowboy

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Has anyone used TurboTax to handle this scenario? I'm in a similar situation and wondering if their software can properly calculate the AMT implications or if I need to find a specialized tax preparer.

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Amina Diallo

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I tried using TurboTax last year for my stock option situation and it was a nightmare. It doesn't handle the AMT calculations well at all, especially for tracking your basis adjustments across multiple years. I ended up having to redo everything with a professional.

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Mateo Martinez

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I went through almost the exact same situation with my startup options in 2021. One thing that really helped me was keeping detailed records of all the valuation documents from the exercise date - the 409A valuation report, exercise confirmation, and any board resolutions that established the fair market value. When I eventually sold some shares at a loss two years later, having those original valuation documents made it much easier for my tax preparer to properly calculate both my regular tax basis and AMT basis. The IRS may want to see proof of how that $130 per share value was determined, especially since it ended up being significantly higher than the IPO price. Also, don't forget that if you paid AMT in 2022 because of the exercise, you'll likely have AMT credits that can be carried forward indefinitely. These credits can offset regular tax in future years when your regular tax exceeds your AMT. It's one small silver lining in an otherwise frustrating situation.

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Omar Hassan

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Look, I thought the same thing until I wasted an entire day trying to get through to the IRS. The free options are great if you have unlimited time to figure things out yourself. But when you need answers now because bills are due, spending a few bucks to save hours of frustration is totally worth it. These tools aren't claiming to speed up your refund - they just help you understand what's actually happening instead of staring at a progress bar that hasn't moved in weeks.

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I'm in the exact same boat - filed February 8th, NetSpend account, WMR showing approved since March 1st but still nothing deposited. Called NetSpend twice and they confirmed no rejected deposits on their end. The uncertainty is killing me because I have rent due next Friday. Based on what everyone's saying about the additional verification for prepaid cards, it sounds like this is just how the system works unfortunately. At least knowing it's not just me makes me feel a bit better. Going to try calling the IRS tomorrow to see if they can give me any timeline, even though I'm dreading that hold time!

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Liam McGuire

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I totally feel your frustration about the rent deadline - that kind of pressure makes waiting so much worse! Based on what others have shared here, it sounds like there's definitely a pattern with NetSpend accounts getting caught in this additional verification step. Since you filed February 8th and got approved March 1st, you're already past the typical timeframe which suggests you're probably in that same verification queue @Malik Johnson mentioned. If you do call the IRS tomorrow, maybe ask specifically about Treasury Regulation 1.6302-4 verification since @QuantumLeap brought that up - having the specific regulation number might help the agent understand exactly what you re'asking about. Hang in there, it sounds like most people are getting theirs within 2-3 weeks of the approved status!

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